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My boyfriend was arrested last night for Second Degree burglary, this is his first offense and he has no record. His court date is on Tuesday, should i expect him to be released or to be sentenced to jail time?

Asked on 9/14/13, 1:29 pm

2 Answers from Attorneys

You have really asked two questions. The first question you ask is whether he will be released from custody or whether he will be held in jail pending trial or further procedures. The court may release him on his own recognizance (OR) or set a bail. If he is released on OR he will be let out of jail and given another date to come back to court. If a bail is set you may either pay the bail or go to a bail bondsperson and bail him out for eight to ten per cent of the bail.. If he is not bailed out he will remain in custody at least until the final disposition of the case.

The second issue is what will happen in his case. It is unlikely that he will be sentenced on Tuesday. Most likely he will enter a plea of not guilty and a future court date will be set.

You should be concerned about attempting to get the charge either reduced to a misdemeanor or dismissed. I would advice you to seek an attorney who will fight for him. If you don't, he will get a Public Defender, and you may not be happy with the amount of time put in by a P.D. I wish you well..........David Wallin